Need a Domestic Or Spousal Assault Lawyer in Vancouver Urgently? Call 604-318-3838
When looking for an experienced domestic or spousal assault lawyer in Vancouver, our firm has one of the best in the business – Jamie Butler. These situations are highly complex and you need to ensure that whoever is handling your legal matters is competent and knows the ins and outs to guide you correctly for a positive outcome. For the actual definition of an assault CLICK HERE .
Domestic assaults, sometimes referred to as spousal assaults are not actually classified any differently by the Criminal Code than a regular “assault”. The elements of the assault charge are the same and the defences are the same (ie. consent, self defence, etc.). The difference is that there is an element of family relationship involved. Therefore if an assault occurs within a family (ie. husband assaults wife, son assaults mother, etc.) or an assault occurs between people who are involved in a relationship akin to a spousal relationship (ie. between boyfriend and girlfriend) then it will be deemed a “domestic assault” or a “spousal assault”. These types of assaults are dealt with differently than other assaults by the Crown as there is a different Crown policy that is applied.
In the regular domestic assault matter the police will arrest who they deem is the at-fault spouse and hold them in custody overnight. Charges are approved swiftly and the Crown policy dictates that when an accused is released from custody there will be strict bail conditions placed upon him/her. These bail conditions involve the accused (offending spouse but most regularly the husband) not being permitted to return to the family home (ie. a “no go to the family residence”) and a term that requires the offending spouse to completely refrain from communicating with the complainant spouse (and possibly his children if they were somehow involved). The bail terms will remain in effect until the charges are finally resolved by the court. There can be some opportunity to alter or change bail terms after release but the Crown regularly strongly opposes such changes in bail terms. This has the affect of separating family members or spouses under threat of prosecution for further criminal charges that might arise from a breach of bail. (CLICK HERE to learn more about changing bail terms under these circumstances and others).
Defending domestic assault cases usually involves exposing credibility issues at trial regarding the other (alleged victim) spouse and most often involve ‘he said, she said” type of evidence being presented. Most often, these charges, when challenged, end favourably for an accused as domestic squabbles usually occur when spouses may be under the influence of alcohol (leading to credibility issues) and/or when a couple is alone or in private (leading to the lack of corroboration of material facts).
These cases must be handled differently by defence lawyers. They require a fair degree of diplomacy and negotiation with the Crown and sometimes involve defence tactics and trial strategies that may be quite different than a regular assault cases. These cases are often handled by our lawyer without an accused ever receiving a criminal conviction or a criminal record. Many of the cases that our spousal assault lawyer handles end by way of a “peace bond” being imposed (or agreed to) in lieu of criminal charges actually proceeding to trial. This way families that wish to work things out can do so without airing their dirty laundry in a public courtroom. (Click for more information about: “Peace bonds and criminal law” and the process involved).
Other remedial measures can be taken, like having the matter diverted or referred for alternative measures or to community court when more expansive options may be available to an accused.
Jamie Butler is an experienced Vancouver based criminal lawyer who has acted as counsel in all types of cases where the charges laid have been as minor as causing a disturbance, possession of a small amount of marijuana or those involving a pushing and shoving domestic assault, to more substantial charges like those involving impaired driving causing death or serious sexual assault and even murder-related charges. He was a very effective former prosecutor who now uses all of his former prosecuting experiences and contacts to work for YOUR BENEFIT in either negotiating the best possible plea deal for you at any sentencing hearing or, in the event your matter proceeds to trial, in preparing the best possible likely defence for you.
Remember this: Do not settle for less than the best criminal lawyer in Vancouver as there is no second best in the courtroom.
Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of negotiating a plea to your criminal and/or driving charges. Alternatively we also offer a FREE LEGAL EVALUATION of your criminal case by your sending us a brief written description of your case by CLICKING HERE.